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HomeMy WebLinkAbout153-91 RESOLUTION• RESOLUTION NO. 153-91 A RESOLUTION AUTHORIZING AN ENGINEERING CONTRACT WITH MILHOLLAND ENGINEERING COMPANY FOR THE 1991 STREET OVERLAY PROJECT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Milholland Engineering Company in the amount not to exceed $24,000.00 for the 1991 street overlay project engineering services. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 20th day of August , 1991. ATTEST: By: City C erk 40� APPROVED: By: -,70/‘attV Mayor nnvrrwu t P4 IP dr soars 4 • • 1 ENGINEERING SERVICES AGREEMENT 1991 OVERLAY PROGRAM STREET AND DRAINAGE IMPROVEMENTS 1 VARIOUS LOCATIONS 1 E-312 THIS AGREEMENT, made and entered into this 20th day of August , 1991, by and between the City of Fayetteville, Arkansas, hereinafter referred to as the "Owner", and Milholland Company, Engineering and Surveying, Consulting Engineers of Fayetteville, Arkansas, hereinafter referred to as the "Engineer", WITNESSED THAT: WHEREAS, the Owner desires to Construct certain structural and drainage improvements to extend the life of various streets within the City of Fayetteville. WHEREAS, the Engineer has sufficient experienced personnel and equipment to perform the work described in this Agreement, NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Owner and the Engineer, the parties hereto, stipulate and agree that the Owner does hereby employ the Engineer to perform the required engineering services as hereinafter set out; and the Engineer agrees to provide said services. 5-312 1. EXHIBIT A • • SECTION 1: DESCRIPTION OF PROJECT: The Projects for which engineering services are to be provided are known and specified as "1991 OVERLAY PROGRAM". The PROJECT consists of segments of Streets within the City of Fayetteville which are defined in EXHIBITS attached hereto, as follow: EXHIBIT "A": 1991 OVERLAY PROGRAM. The project is generally described as follows: VARIOUS STREET SEGMENTS: Design, Construction Documents, Taking Bids and Construction Supervision for the RECONSTRUCTION and/or UPGRADING of various street widths with storm drainage, french drains and sidewalks within existing street right-of-ways, consisting of subgrade and base repair, grading, milling and hard surface pavement per City of Fayetteville street specifications; Assist the City of Fayetteville Public Works Department in requesting and evaluating Bids, make recommendations of Award of Construction Contract, Construction Management and monthly Pay Estimates to Contractor. Engineering Services for said project shall be separated into three (3) parts as follows: PART I: PART I -A: PART I -B: PART II: PART III: "Engineering Design and Construction Documents" "Right -of -Way Acquisition" "Exploration of Existing Street Sections "Taking bids through Award of Contract" "Construction Management" SECTION 2: SCOPE OF ENGINEERING SERVICES: The Engineer shall provide a suitable staff to perform Basic Engineering Services, Bid Documentation and Construction Management, including necessary resident inspection, and as extra items, Right -of -Way Plats and Descriptions and Exploration of Existing Street Sections. These various types of work are more specifically defined as follows: PART I: BASIC ENGINEERING SERVICES: 111 Make field engineering surveys of the various sites to establish the data necessary for the preparation of plans and specifications in order to build the contemplated improvements. The field engineering surveys shall include the location of all existing utilities within street Right -of -Ways as best can be located without excavation. [2] Prepare a preliminary overall design and cost estimate and review same with the Owner prior to final design. 2. • (3) Prepare plans and specifications for the proposed improvements. The plans shall show the location of the street centerlines, unless otherwise approved. Engineer shall provide Owner with two (2) complete sets of the plans and specifications. (41 Meet with representatives of all involved utility companies and governmental agencies to coordinate the overall project. (51 Advise the Owner when soils investigations and Exploration of existing street sections are required. The costs related soils investigations and the street explorations shall be borne by the Owner as stipulated in PART I -B. (61 Prepare construction cost estimates. PART I -A: RIGHT-OF-WAY ACQUISITION: Only work as directed by the Owner shall be done under this section of the contract. The total fee shall not exceed $300.00 per Right -of -Way Plat and Description. FART I -B: EXPLORATION OF EXISTING STREET SECTIONS: Advise the Owner as to soils investigations and Exploration of existing street sections that might be required and assist in the coordinating of the same. The costs of services related the soils investigations and street explorations shall be borne by the Owner. PART I: SCHEDULE: All of the above described work shall be completed in such time that the Owner may receive Construction Plans and Specifications within 30 calendar days after the Engineer receives a "Notice to Proceed" on the project. Time is expressly made of the essence of this Agreement. PART II: TAKING BIDS THROUGH AWARD OF CONTRACT: Work to be performed under this item shall consist of the following: (11 Assist the Owner in the advertising for and receiving of construction bids, including recommendation of construction contract award. E 312 3 • • • PART III: CONSTRUCTION MANAGEMENT: Under this Phase, the Engineer will perform the following items of work: [1] Provide for periodic visits to the job sites by a professional engineer to observe the overall progress and quality of executed work. [2) Provide for necessary resident inspection of the project construction. [3] Provide a survey crew to lay out the project for con- struction, excluding any necessary land and Right -of -Way surveys. [4] Provide a project engineer to manage and coordinate the construction activities. [5] Provide other personnel engineering technicians, etc., project engineer in the various such as secretaries, draftsmen, as may be needed to assist the activities that may be required. [61 Prepare monthly partial payment estimates and a final payment estimate to the contractor, including the assembly of written guarantees which are required by the contract documents. [71 Provide for final inspection of the project in the company of representatives of the Owner, the project engineer, a repre- sentative of the contractor, and any other party designated by the Owner. Payments for the above described work shall be made on an hourly basis as further defined in Section 3 of this contract. a2. 4 • SECTION 3. COMPENSATION: Compensation for the various types of services to be provided under this contract shall be made as follows: A. PART I: BASIC ENGINEERING SERVICES: Compensation for PART I, Basic Engineering Services, shall be a LUMP SUM FEE in the amount of $16,500.00. PART I -A: RIGHT-OF-WAY ACQUISITION: Compensation for PLATS AND DESCRIPTIONS for Additional street and drainage Right -of -Ways shall be based on the hours of work actually required. The rates to be charged for the various classifications of personnel shall be identical to those set out under Section 3-D below. Only work as directed by the Owner shall be done under this section of the contract. The total fee shall not exceed $300.00 per easement. Five parcels are estimated at $1,500.00. PART I -B: EXPLORATION OF EXISTING STREET SECTIONS: Compensation for soils investigations and street section explora- tions shall be based on the following; 1. Engineering Services rendered shall be the hours of work actually required to supervise and coordinate the operations for said investigations and explorations. The rates to be charged for the various classifications of personnel shall be identical to those set out under Section 3-D below. 2 Services rendered by others, such as, a Laboratory for Soils and Materials Testing or a Construction Contractor's Backhoe or Coring equipment, shall be "AS INVOICED" by said Laboratory or Contractor. B. PART II: BIDS THROUGH AWARD OF CONTRACT: Compensation for "Advertisement for Bids" through "Award of Contract" shall be a Fixed Fee of $1,000.00 for each bidding process. E-312 C. PART III: CONSTRUCTION MANAGEMENT: Compensation for Construction Management Services described in SECTION 2, PART III, shall be based on the actual hours of the various classifications of employees that may be necessary to perform the work, with a MAXIMUM -NOT -TO -EXCEED compensation of $5,000.00, so long as the total construction time is 45 Consecutive Calendar Days, or Less, from the date of the "Notice - To -Proceed" to the Construction Contractor. The rates to be charged for the various classifications of personnel shall be identical to those set out under Section 3-D below. D. HOURLY RATES FOR VARIOUS CLASSIFICATIONS OF PERSONNEL: The hourly rates to be charged for the various classifications of personnel are set out below: HOURLY RATE PER CLASSIFICATION: Professional Engineer Registered Land Surveyor Engineering Aide Secretary Survey Crew Resident Inspector Draftsman Computer w/Operator Travel $65.00 $45.00 $55.00 $18.00 $65.00 $30.00 $25.00 $35.00 $00.25 per per per per per per per per per hour hour hour hour hour hour hour hour mile The hourly rates shown above include total compensation to the Engineer for all expenses for said services described in SECTION 2, PART III above. E. SUMMARY OF ENGINEER'S COMPENSATION: PART I PART IA PART II PART III $16,500.00 $ 1,500.00 $ 1,000.00 $ 5,000.00 TOTAL $24,000.00 E. METHOD OF PAYMENT: Partial payments to the Engineer shall be made monthly as long as the accumulative of payments do not exceed the following: 111 PART I: Basic Engineering Services: Sixty-five percent (65%) upon completion of field engineering surveys and preliminary design. Thirty-five percent (35%) upon completion of final plans and specifications and submittal to the Owner. (21 PART I -A: RIGHT-OF-WAY PLATS AND DESCRIPTIONS: Payment to be made upon completion of the various items of work as directed by the Owner. [3] PART I-8: EXPLORATION OF EXISTING STREET SECTIONS: Payment to be made on a monthly basis during the Design Phase upon the completion of various items of works. (31 PART II: BIDS THROUGH AWARD OF CONTRACT: 90% after opening BIDS, and 108 after Award of Construction Contract. (41 PART III: CONSTRUCTION MANAGEMENT: Payment to be made on a monthly basis during the construction phase. • SECTION 4. GENERAL CONSIDERATIONS A. Termination of Contract for Cause If, through any cause, the Engineer shall fail to fulfill in timely and proper manner his obligations under this contract, or if the Engineer shall violate any of the covenants, agreements, or stipulations of the contract, the Owner shall thereupon have the right to terminate this contract by giving written notice to the Engineer of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Engineer under this contract shall, at the option of the Owner, become its property, and the Engineer shall be entitled to receive lust and equitable compensation under this contract for any satisfactory work completed on such documents. Notwithstanding the above, the engineer shall not be relieved of liability to the owner for damages sustained by the Owner by virtue of any breach of the contract by the Engineer, and the Owner may withhold any payments to the Engineer for the purpose of set off until such time as the exact amount of damages due the Owner from the Engineer is determined. B. Termination for Convenience of Owner The Owner may terminate this contract any time by a notice In writing from the Owner to the Engineer. If the contract is terminated by the Owner as provided herein, the Engineer will receive just and equitable compensation under this contract. C. Changes The Owner may from time to time request changes in the scope of the services of the Engineer to be performed hereunder. Such changes, including any increase or decrease in the amount of the Engineer's compensation, which are mutually agreed upon by and between the Owner and the engineer, shall be incorporated in further written amendments to this contract. D. Personnel (11 The Engineer represents that he has, or will secure at his own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees of or have any contractual relationship with the Owner. (2] All the services required hereunder will be performed by the Engineer or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. (33 No person who is serving sentence in a penal or correctional institution shall be employed on work under this contract. E . Compliance with Local Laws The Engineer shall comply with all applicable laws, ordinances, and codes of the state and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. F. Assignability The Engineer shall not assign any interest in this contract and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the Owner; provided, however, that claims for money due or to become due the Engineer from the Owner under this contract may be assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Owner. G . Access to Records The Owner, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Engineer doing work under this contract which are directly pertinent to a specific grant program for the purpose of making audits, examinations, excerpts, and transcriptions. H . Estimates S ince the Engineer has no control over the cost of labor, materials or equipment, or over the methods of determining prices, or over competitive bidding or market conditions, the estimates of costs provided are to be made on the basis of the Engineer's experience and qualifications and represent his best judgment, being familiar with the industry, but the Engineer cannot and does not guarantee that established costs will not vary from estimates prepared. I. Insurance The Engineer shall secure and maintain such insurance as will protect him from claims under the Workmen's Compensation acts and from claims for bodily injury, death or property damage which may arise from the performance of his services under this contract. p-312 9 • J. Successors and Assigns Each party of this contract binds himself and his partners, successors, executors, administrators and assigns to the other party of this contract in respect to all covenants of this contract. Neither party shall assign, sublet or transfer his interest in this contract without the written consent of the other. SECTION 5. EQUAL OPPORTUNITY PROVISIONS During the performance of this contract, the Engineer agrees as follows: (Al The Engineer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Engineer will take affirmative action to ensure that applicants are employed, and that the employees are treated during employment, without regard to their race, color, religion, sex,or national origin. Such action shall include, but not be limited to the following: employment upgrading, demotion,or transfer, recruitment or recruitment advertising; layoff or training, including apprenticeship. The Engineer agrees to post in conspicuous place, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination clause. [H] The Engineer will, in all solicitations or advertisements for employees placed by or on behalf of the Engineer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 1 SECTION 6. CONFLICT OF INTEREST (Al Interest of Owner No officer, employee, or agent of the Owner who exercises any functions or responsibilities in the review or approval or in connection with the carrying out of the project to which this contract pertains shall have any personal interest, direct or indirect, in this contract. [H] Interest of Certain Federal Officials No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this contract or to any benefit to arise herefrom. [C] Interest of Engineer The Engineer covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the above described project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Engineer further covenants that in the performance of this contract, no person having any such interest shall be employed. SECTION 7. OTHER PROVISIONS In connection with the project, the Owner shall: [A] Give thorough consideration to all documents presented by the Engineer and inform the Engineer of all decisions within a reasonable time so as not to delay the work of the Engineer. [B] Make provision for the employees of the Engineer to enter public and private lands as required for the Engineer to perform necessary preliminary surveys and investigations. [C] Obtain the necessary lands, easements, and Right -of- Ways for the construction of the work. [D] Furnish the Engineer such plans and records of construction and operation of existing facilities, or copies of same, bearing on the proposed work as may be in the possession of the Owner. Such documents or data will be returned to the Owner upon completion of the work or upon the request of the Owner. [E] Pay the cost of making necessary soundings, borings, analyses of materials and laboratory work performed by an Independent Certified Materials Lab exclusive of the Engineer's supervision thereof. [F] Pay all plan review costs and all cost of advertising in connection with the project. Original documents, plans, design, and survey notes represent the product and training, experience, and professional skill, and accordingly belong to and remain the property of the Engineer who produced them regardless of whether the instruments were copyrighted or whether the project for which they were prepared is executed. The Engineer shall furnish the Owner two copies of "as -built" drawings of each phase of the project at his expense; and the Owner may, at his expense, retain reproducible copies of drawings and copies of other documents. This agreement shall be binding upon the parties hereto, their partners, heirs, successors, administrators, and assigns; and neither party shall assign, sublet or transfer his interest in this agreement without the prior written consent of the other party hereto. 312 IN WITNESS WHEREOF, the Owner has caused these presents to be executed in its behalf by its duly authorized representatives, and the said Engineer by its duly authorized representatives, and the parties hereto have set their hands and seals on the date heretofore set out. CITY OF FAYETTEVILLE, ARKANSAS City Clerk! MILHOLLAND COMPANY Attest: Melvin L. Milholland, Owner Secretary • Date: Aug. 20 , 1991 Date: Aug. 20 , 1991 — J414o!land SMUT No.; 1. 2. 3. 4. 5. 4iyiiuurrzr and fueoajing 205 WEST CENTER FAYETTEVILLE. ARKANSAS 72701 (501) 443-4724 MINT °A": 1991 OVIRLAY PROGRAM STREET NAME: FROM Hyland Park Rock Cliff - Dead End Weat End Ave. Wedington - Valley Dr. Valley Drive Weat End - Mid. Lot 27 Lisa Lane Mission - - - Dead End Lakeridge Dr. Edgehill - - North Str. AR. R.L.S. NO. 648 AR. P.E. NO. 3825 OKLA. P.E. NO. 10740 OKLA. R.L.S. NO. 1038 TO; LENGTH. 770 430 480 1380 2240 LF: L .F. L .F. L .F. L .F. L .F. • • • • ENGINEERING SERVICES AGREEMENT 1991 OVERLAY PROGRAM STREET AND DRAINAGE IMPROVEMENTS i VARIOUS LOCATIONS 1 E-312 THIS AGREEMENT, made and entered into this 20th day of August , 1991, by and between the City of Fayetteville, Arkansas, hereinafter referred to as the "Owner", and Milholland Company, Engineering and Surveying, Consulting Engineers of Fayetteville, Arkansas, hereinafter referred to as the "Engineer", WITNESSED THAT: WHEREAS, the Owner desires to Construct certain structural and drainage improvements to extend the life of various streets within the City of Fayetteville. WHEREAS, the Engineer has sufficient experienced personnel and equipment to perform the work described in this Agreement, NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Owner and the Engineer, the parties hereto, stipulate and agree that the Owner does hereby employ the Engineer to perform the required engineering services as hereinafter set out; and the Engineer agrees to provide said services. E-312 • • SECTION 1: DESCRIPTION OF PROJECT: The Projects for which engineering services are to be provided are known and specified as "1991 OVERLAY PROGRAM". The PROJECT consists of segments of Streets within the City of Fayetteville which are defined in EXHIBITS attached hereto, as follow: EXHIBIT "A": 1991 OVERLAY PROGRAM. The project 1s generally described as follows: VARIOUS STREET SEGMENTS: Design, Construction Documents, Taking Bids and Construction Supervision for the RECONSTRUCTION and/or UPGRADING of various street widths with storm drainage, french drains and sidewalks within existing street right-of-ways, consisting of subgrade and base repair, grading, milling and hard surface pavement per City of Fayetteville street specifications; Assist the City of Fayetteville Public Works Department in requesting and evaluating Bids, make recommendations of Award of Construction Contract, Construction Management and monthly Pay Estimates to Contractor. Engineering Services for said project shall be separated into three (3) parts as follows: PART I: PART I -A: PART I -B: PART II: PART III: "Engineering Design and Construction Documents" "Right -of -Way Acquisition" "Exploration of Existing Street Sections "Taking bids through Award of Contract" "Construction Management" SECTION 2: SCOPE OF ENGINEERING SERVICES: The Engineer shall provide a suitable staff to perform Basic Engineering Services, Bid Documentation and Construction Management, including necessary resident inspection, and as extra items, Right -of -Way Plats and Descriptions and Exploration of Existing Street Sections. These various types of work are more specifically defined as follows: PART I: BASIC ENGINEERING SERVICES: [1] Make field engineering surveys of the various sites to establish the data necessary for the preparation of plans and specifications in order to build the contemplated improvements. The field engineering surveys shall include the location of all existing utilities within street Right -of -Ways as best can be located without excavation. [2] Prepare a preliminary overall design and cost estimate and review same with the Owner prior to final design. E-312 2 • • • [31 Prepare plans and specifications for the proposed improvements. The plans shall show the location of the street centerlines, unless otherwise approved. Engineer shall provide Owner with two (2) complete sets of the plans and specifications. [41 Meet with representatives of all involved utility companies and governmental agencies to coordinate the overall project. [51 Advise the Owner when soils investigations and Exploration of existing street sections are required. The costs related soils investigations and the street explorations shall be borne by the Owner as stipulated in PART I -B. (61 Prepare construction cost estimates. PART I -A: RIGHT-OF-WAY ACQUISITION: Only work as directed by the Owner shall be done under this section of the contract. The total fee shall not exceed $300.00 per Right -of -Way Plat and Description. PART I -B: EXPLORATION OF EXISTING STREET SECTIONS: Advise the Owner as to soils investigations and Exploration of existing street sections that might be required and assist in the coordinating of the same. The costs of services related the soils investigations and street explorations shall be borne by the Owner. PART I: SCHEDULE: All of the above described work shall be completed in such time that the Owner may receive Construction Plans and Specifications within 30 calendar days after the Engineer receives a "Notice to Proceed" on the project. Time is expressly made of the essence of this Agreement. PART II: TAKING BIDS THROUGH AWARD OF CONTRACT: Work to be performed under this item shall consist of the following: [11 Assist the Owner in the advertising for and receiving of construction bids, including recommendation of construction contract award. E-312 3